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STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

Land DivisionHonolulu, Hawaii 96813

May 12, 2017

Board of Land and Natural Resources Ref: 1 7OD-0 14State of HawaiiHonolulu, Hawaii OAHU

Consent to Assign General Lease No. S-5493, Gavin T. Yamada and Janice G.M.Yamada, Assignor, to Scot M. Mitamura and Karen M. Mitamura, Assignee,Extension of Lease Term, Waimanalo, Koolaupoko, Oahu, Tax Map Key: (1) 4-1-018:052.

APPLICANTS and REQUESTS:

1. Request for Consent to Assign: Gavin T. Yamada and Janice G.M. Yamada, asAssignor, to Scot M. Mitamura and Karen M. Mitamura, husband and wife,tenants by the entirety, as Assignee.

2. Request for Lease Extension: Improvements financed by the Assignee, in theamount of not less than $350,000, and the Assignee requests a lease extension foran additional 30 years to amortize the improvements costs.

LEGAL REFERENCE:

Section 171-36(a)(5) and (b), Hawaii Revised Statutes, as amended.

LOCATION:

Portion of Government lands situated at Waimanalo, Koolaupoko, Oahu, identified byTax Map Key: (1) 4-1-018:052, as shown on the maps attached as Exhibit Al to A4.

AREA:

2.740 acres, more or less.

TRUST LAND STATUS:

Section 5(b) lands of the Hawaii Admission Act

DHHL 30% entitlement lands pursuant to the Hawaii State Constitution: No

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BLNR - Assignment & Extension Page 2 May 12, 2017GL 5493

CHARACTER OF USE:

Diversified agriculture purposes.

TERM OF LEASE:

35 years, commencing on June 15, 1996 and expiring on June 14, 2031. Last rentalreopening occurred on June 15, 2016; next rental reopening is scheduled for June 15,2026.

Requested extension of 30 years commencing on June 15, 2031 and expiring on June 14,2061 for an aggregate term of 65 years.

ANNUAL RENTAL:

Current rent is $20,000, due in semi-annual installments of $10,000 on l5’~ on June andDecember of each year.

CONSIDERATION:

$10,000.

RECOMMENDED PREMIUM:

The lease is subject to the Assignment of Lease Evaluation Policy which requires apayment by the Lessee of a premium based on the amount by which the consideration forthe assignment, whether by cash, credit or otherwise, exceeds the straight-linedepreciated cost of improvements and trade fixture being transferred.

The subject assignment falls between the 21St and ~ year of the original lease term,which requires a 30% of the consideration for the assignment, according to the policy

According to the purchase agreement filed with the Land Division, the purchase price is$10,000 with no inventory or improvements of any value. Therefore, staff recommendsthe Board authorize the collection of $3,000 as the premium pertaining to the subjectassignment.

DCCA VERIFICATION:

Not applicable. Individuals.

RENTAL REOPENINGS:

Reopening in the original term were at the end of the 10th, 20th and ~ years of the termwith the most recent rental reopening effective on June 15, 2016.

BLNR Assignment & Extension Page 3 May 12, 2017GL 5493

Staff recommends the Board waive the requirement for an immediate rental reopening’for the subject lease extension request and use $20,000 as the annual rent for the 1 0-yearperiod commencing from June 15, 2016. Since the recent reopening was only nine (9)months ago and represents the fair market rent of the subject land, staff believes therequested waiver is prudent.

IMPROVEMENTS COSTS:

The subject lease allows an employee dwelling to be placed on the premises. TheAssignee intends to build a 3-bedroom and 2-bathroom dwelling with a floor area ofabout 1,244 square feet on the premises. The quote obtained by the Assignee is about$320,000 not including sewer connection, driveway, and front gate.

In addition, the Assignee intends to use about $50,000 to improve the existinggreenhouses including electrical, security, irrigation, repairs to shade cloth, and bench,etc.

APPLICANT REQUIREMENTS:

Assignee shall complete the improvements to the property as described and submitreceipts verifying payment for the improvements in an amount not less than $350,000 andnot later than September 30, 2018, or the lease extension shall be subject to cancellation.

REMARKS:

GL 5493 was issued pursuant to Act 237, Session Laws of Hawaii 1988, as amended byensuing acts. The Act allowed the Board of Land and Natural Resources (Board) to issuea direct negotiated lease with the holders of a revocable permit, further subject to certainrestrictions. Mr. Yamada was the original lessee of GL 5493, and the Board gave itsconsent to the assignment of the same lease to Mr. & Mrs. Yamada in 1997 (Assignors).The Assignors intend to give up the leasehold interest due to other personalcommitments.

Staff visited the subject premises in February 2017 and noted that the shade houses on thenursery were not being utilized and the Assignors are selling the plants and other materialstill left on the premises. There are no signs of violation as observed during theinspection and the subject parcel is well maintained. Photos taken in the inspectionattached as Exhibit Bi and B2.

Scot Mitamura, one of the Assignees, is an orchid horticulturalist for the HonoluluBotanical Gardens. He has been involved in orchid industry for over 30 years, includinggrowing, selling, managing shows, and collection and conservatory operations. Mr.Mitamura also shares his experience and tips with other orchid hobbyists by posting

‘For a typical lease extension request, staff would recommend the Board authorize an immediate rental reopening asof the date of the Board meeting, and such new rent shall be the rental payable for the next 10 years.

BLNR - Assignment & Extension Page 4 May 12, 2017GL 5493

articles on the internet and participates in orchid hobbyist societies. Staff believes Mr.Mitamura’s credentials adequately meet the qualifications for a State lessee.

Mr. Mitamura plans to self-finance the improvements described in the ImprovementsCosts section above.

Mr. Mitamura provided a consulting letter (Exhibit C) from a Certified GeneralAppraiser estimating that the proposed dwelling2, at an estimated cost of $320,000excluding sewer line, driveway and front gate, will have an economic life of 55 years.Based on the opinion from the appraiser, staff believes a lease extension for 30 years isappropriate.

Nevertheless, staff includes an applicant requirement that Mr. Mitamura complete theimprovements and submit receipts for expenditures to staff not later than November 30,2018 [i.e. about 18 months from the Board date], in an amount not less than $350,000 orthe lease extension shall be subject to cancellation.

There are no lease compliance issues regarding rent and performance bond. The liabilityinsurance for the Yamadas expired in December 2016, and Mr. Mitamura intends toprovide the required insurance with the State as soon as the subject request is approved.

Assignee has not had a lease, permit, easement or other disposition of State landsterminated within the last five years due to non-compliance with such terms andconditions.

Staff discussed the subject request with the Department of Agriculture, which does nothave any objections to the subject request.

RECOMMENDATION: That the Board:

1. Consent to the assignment of General Lease No. S-5493 from Gavin T. Yamadaand Janice G.M. Yamada, as Assignor, to Scot M. Mitamura and Karen M.Mitamura, as Assignee, subject to the following:

A. The standard terms and conditions of the most current consent toassignment form, as may be amended from time to time;

B. Review and approval by the Department of the Attorney General;

C. Payment of $3,000 as the assignment premium; and

D. Such other terms and conditions as may be prescribed by the Chairpersonto best serve the interests of the State.

2 The proposed dwelling would be 1,244-square feet, with wood frame, plywood exterior walls, composition shingle

roofing, at an estimated construction cost of $320,000 excluding sewer, driveway, and front gate.

BLNR - Assignment & Extension Page 5 May 12, 2017GL 5493

2. Authorize the extension of General Lease No. S-5493 under the terms andconditions cited above, which are by this reference incorporated herein andfurther subject to the following:

A. The standard terms and conditions of the most current lease extensionform, as may be amended from time to time;

B. Assignee shall complete the improvements to the property as describedabout and submit receipts verifying payment for the improvements to staffin an amount not less than $350,000 and not later than November 30,2018. Failure to comply will result in automatic rescission of the approvalfor lease extension;

C. Review and approval by the Department of the Attorney General; and

D. Such other conditions as may be prescribed by the Chairperson which arein the best interests of the State.

Respectfully Submitted,

Barry CheungDistrict Land Agent

APPROVED FOR SUBMITTAL:

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BLNR - Assignment & ExtensionGL 5493

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BLNR - Assignment & ExtensionGL 5493

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BLNR - Assignment & Extension Page 10 May 12, 2017GL 5493

PINNACLE APPRAISAL GROUP, INC925 Bethel Street, Suite 311 Honolulu, Hawaii 96813

Phone (808) 550-0848 Fax (808) 550-0765E-mail: pinnacIeappraisal~gmail.com

Apri 10, 2017

Suzanne D. CaseChairpersonDepartment of Land and Natura ResourcesP.O. Box 621Honolu u, Hawaii 96809

RE: Consulting letter-Estimated Economc Life for improvements proposed for 41-1660Kalanianaole H~ghway, Waimanalo, HI 96795 and further identified as Tax Map Key: (14-1-018-052.

Dear Ms. Case;

This etter addresses your request for a consulting letter estimatng an opinion of theeconomic life of the improvements proposed for the above mentioned property. Pleasenote th s is not considered an apprasal as only an est mate of the remaining economicife for the proposed mprovements is included. The purpose of this consultingass gnment s for the use of the Lessee in obta ning an extension of the current groundlease (Yamada Lease S-5493), encumberng subject property to June 14, 2061. Thecurrent lease expires June 14, 2031. The proposed extension would al ow for Lessee toamortze this improvement over the required period for the lender.

Pursuant to the information provided, the proposed improvements are to be a 1,244 sfnew Employee Dwelling. Construction of this dwe ling is to be wood frame, plywoodexter or wa Is, composition shing e roofing. The cost estimate to complete th~s structurewas quoted by Akagi Bul ders to be $320,000 which does not nclude the sewer line,driveway and front gate.

Therefore, as of the effectve date of this consulting letter of Apri 7, 2017, based on theMarshall & Swift State of Hawaii Cost Manual, Life Expectancy Guide ines, as subject isto be a new dwel ing, we have estimated the remaining economc life of the proposedimprovements to be 55 years.

The client is identified as Scot Mitamura. The Intended users of this consulting letterinclude the Lessee and include the Lessor, State of Hawaii Department of Land andNatural Resources. The undersigned appraiser has not performed any appraisal or otherservices on subject property over the past 3 year period prior to the effective date of theapprasal: Apri 7, 2017.

EXHIBIT C

BLNR - Assignment & Extension Page 11 May 12, 2017GL 5493

PINNACLE APPRAISAL GROUP, INC925 Bethel Street, Suite 311 Honolulu, Hawaii 96813

Phone (808) 550-0848 Fax (808) 550-0765E-mail: pinnacleappraisal©gmail.com

If you have any additional questions, please feel free to cal me. Thank you.

Sincerely

Cyntha NoharaCert Ted General Appraiser, CGA-98Expiration Date: 2/31/17